Home Office

Asylum: EU Law

Lord Judd: To ask Her Majesty’s Government what steps they are taking to move more UK officials to Calais and Northern France to work full-time on identifying, screening and processing potential transfers under the Dublin III regulations, and to make special provision for cases where further evidence of family links is needed.

Lord Judd: To ask Her Majesty’s Government what steps they are taking to work together with the French government to ensure that unaccompanied children have access to high quality legal assistance to submit claims for family reunion in the UK, and to fund improved measures for identification of, and support for, unaccompanied minors in Calais and Northern France.

Lord Judd: To ask Her Majesty’s Government what steps they are taking to ensure that unaccompanied children in Northern France have information about the process for reuniting with their families in the UK under the Dublin III Regulations, that this is presented in a form and language that the children can understand, and that it includes information about the process for asylum transfers, the likely timeframes involved, and the criteria on which decisions are based.

Lord Ahmad of Wimbledon: Under the UK-France Joint Declaration of 20 August 2015, the UK and France have committed to ensuring that the provisions of the Dublin III Regulation are used efficiently and effectively. To assist the handling of such cases the two governments have established a permanent official contact group, agreed single points of contact within respective Dublin Units and the UK seconded an asylum expert to the French administration to facilitate the improvement of all stages of the process of identifying, protecting and transferring relevant cases to the UK. The Home Office will review the existing arrangements as part of the work to implement the relevant provisions of the Immigration Act 2016.To assist with the identification of potential victims of trafficking and exploitation (including unaccompanied children) in Calais the UK has funded a project run by a French non-governmental organisation which aims to identify and direct these vulnerable people to the appropriate support services in France.The UK and France are running regular joint communication campaigns in northern France which informs individuals (including unaccompanied children) of their rights to claim asylum in France and gives them information on family reunification. The frequency of these campaigns has been increased in line with the Joint Declaration signed in August 2015.

Turkey: Immigrants

Lord Hylton: To ask Her Majesty’s Government what reports they have received concerning the welfare of refugees and migrants removed from Greece to Turkey, in the light of reports that some are being detained in camps at Düziçi and elsewhere, without access to legal advice or medical services.

Lord Ahmad of Wimbledon: The Government takes very seriously any allegations of the inappropriate treatment of migrants or refugees, and we would urge any evidence substantiating the allegations to be made available to us and the United Nations High Commissioner for Refugees (UNHCR). We note Turkey’s strong assurances about the treatment of migrants and refugees in its camps and removal centres. And also note the recent agreements reached betweenTurkey, the European Commission and the UNHCR, providing them with access to the Düziçi Camp and Kirklareli Removal Centre, and the UNHCR’s positive view following its initial visit. We will be following the outcome of future visits closely.

Immigrants: Detainees

Baroness Jones of Moulsecoomb: To ask Her Majesty’s Government how many pregnant women are currently held in detention under the Immigration Act 2014.

Lord Ahmad of Wimbledon: The Home Office will not necessarily be aware that a woman is pregnant unless she chooses to make this known to us and a woman may not know herself that she is pregnant when she is detained. It may not always be appropriate for healthcare professionals to disclose information that the patient has asked not to be disclosed.As of 19 May 2016 there were no pregnant women detained under Immigration Act powers in an immigration removal centre or residential short-term holding facility, subject to these conditions.

Refugees: Children

Lord Empey: To ask Her Majesty’s Government what additional financial resources and staff are being made available to assist unaccompanied children coming to the UK from refugee camps (1) in Europe, and (2) outside Europe.

Lord Ahmad of Wimbledon: Our Syrian resettlement programme is working well and local authorities across the country have been closely involved in this. Alongside this programme we will consult local authorities on how best to implement the resettlement scheme for children at risk announced on 21 April and the provisions of the Immigration Act 2016 for the admission to the UK of unaccompanied refugee children from elsewhere in the EU. This will be done as part of our wider discussion with local authorities and other partners, including non-governmental organisations, about unaccompanied children who arrive in the UK and claim asylum here and about the implementation of new arrangements to relieve the pressure on particular local authorities by transferring these children to the care of other local authorities. The Home Office funds local authority care for unaccompanied asylum seeking children and funding arrangements form part of the ongoing discussion with local authorities. We are determined to ensure that no local authority is asked to take more unaccompanied children than local services are able to deal with and that impacts are managed in a fair and controlled way.

Asylum: EU Law

Lord Judd: To ask Her Majesty’s Government what plans they have to publish guidance on the handling of family reunion cases under the Dublin III Regulations including clarifying responsibilities, procedures for unaccompanied children in Calais prior to any transfer, and ensuring that local authorities have sufficient funding and capacity to conduct assessments.

Lord Judd: To ask Her Majesty’s Government what arrangements they have made to use their discretionary powers under the Dublin III Regulations to take charge of the asylum applications of any mothers or fathers with children who are seeking to reunite with family members in the UK.

Lord Ahmad of Wimbledon: The Dublin III Regulation sets out the criteria for determining responsibility for asylum cases and using discretionary powers. The procedures for dealing with an asylum seeker in Calais, including an unaccompanied child, are for the French authorities to determine, in line with their obligations under the Regulation. We are committed to making the Dublin Regulation work effectively and are in ongoing discussions with France, Italy and Greece to ensure that the right processes and resources are in place to enable this. We are also working with other EU Member States, the UNHCR and other non-governmental organisations and local authorities in the UK to establish the best way to implement the provisions of the Immigration Act 2016 for the transfer of unaccompanied refugee children from elsewhere in the EU to the UK.

Asylum: EU Law

Lord Judd: To ask Her Majesty’s Government what steps they are taking, in Calais and throughout Europe, to enhance the processes for identifying children with rights to family reunion in the UK.

Lord Ahmad of Wimbledon: The UK and France are running regular joint communication campaigns in northern France which inform unaccompanied children and others of their right to claim asylum in France and of the family reunion process. The frequency of these campaigns has been increased in line with the Joint Declaration signed in August 2015. Since February 2016 more than 20 children have been transferred to the UK from France and there are many other cases in train.75 UK personnel will be deployed to Greece to support implementation of the EU-Turkey Migration Agreement. Supporting the operation of the Greek asylum system is a fundamental part of our approach to identifying individuals in need of protection at the earliest opportunity, including those who may be eli-gible for family reunification under the Dublin Regulation. We are also providing bilateral support to the Dublin Unit in Italy.

Refugees: EU Law

Lord Green of Deddington: To ask Her Majesty’s Government whether the UK is still bound by the provisions of Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status despite having not opted in to the recast Directive 2013/32/EU on common procedures for granting and withdrawing international protection.

Lord Green of Deddington: To ask Her Majesty’s Government whether the UK is still bound by the provisions of Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, despite having not opted in to the recast Directive 2011/95/EU on standards for the qualification of third country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.

Lord Ahmad of Wimbledon: The UK remains bound by the provisions of the Procedures Directive 2005/85/EC and the Qualification Directive 2004/83/EC and not the recast Directives.

Passports

Lord Marlesford: To ask Her Majesty’s Government, in the light of a letter from the Home Secretary, Theresa May, to Lord Marlesford, how a series of sophisticated search algorithms and the search systems incorporating them would be able to make the link between a UK passport holder's passport and a second passport of another nationality held by the same person if there is not a record of such second passports held by British passport holders held on a central UK government database available online to immigration officers.

Lord Ahmad of Wimbledon: It is longstanding policy not to disclose details of how search systems work, as to do so would not be in the interest of border and national security.

Ministry of Justice

Missing Persons: Guardianship

Lord Beith: To ask Her Majesty’s Government whether they will bring forward a draft bill to make provision for guardianship of the property of missing persons.

Lord Faulks: My Department is working to prepare the legislation necessary to create the new legal status of guardian of the property and affairs of the missing person. We will bring forward legislation when Parliamentary time allows.

Foreign and Commonwealth Office

South Sudan: Politics and Government

Lord Chidgey: To ask Her Majesty’s Government what communication the Secretary of State for Foreign and Commonwealth Affairs has had with the South Sudanese Transitional Government of National Unity.

Baroness Anelay of St Johns: The Parliamentary Under-Secretary for Foreign and Commonwealth Affairs, my Hon. Friend the Member for Rochford and Southend East (James Duddridge), wrote to President Salva Kiir Mayardit, First Vice President Dr Riek Machar Teny and the Minister for Foreign Affairs Deng Alor Kwol on 6 May. He welcomed the formation of the transitional government and urged them to secure peace, tackle the economic crisis and address the humanitarian situation. Our Embassy in Juba is also in direct contact with members of the transitional government and will continue to press for the full implementation of the peace agreement.

Israel: EU External Relations

Baroness Tonge: To ask Her Majesty’s Government, in the light of the violations of the conditions of the EU Association Agreement by the government of Israel, what discussions they have had with other members of the EU, and the EU institutions, concerning the suspension of that agreement.

Baroness Anelay of St Johns: The EU Association Agreement provides an important framework to discuss the EU’s human rights concerns, and we work with the EU and Israel to address these. The EU regularly raises its concerns with Israel in meetings at all levels through the structures of the Association Agreement.

Israel: Land Mines

Baroness Tonge: To ask Her Majesty’s Government in the light of the news that the HALO Trust has been granted approval to clear mines around the site of the baptism of Christ, what representations they plan to make to the government of Israel about clearing mines along the River Jordan that were laid during the 1967 war.

Baroness Anelay of St Johns: We welcome the HALO Trust's work in the West Bank and are pleased that the UK has provided support to this. We will continue to liaise with Israeli and Palestinian authorities on these activities. The British Government has not lobbied the Israeli government to clear mines laid in 1967 along the rest of Jordan River.

Israel: Palestinians

Baroness Tonge: To ask Her Majesty’s Government what plans they have to participate in the initiative of the government of France for ending the conflict in Israel and Palestine.

Baroness Anelay of St Johns: We will continue to work closely with the French government to ensure that their initiative makes a constructive contribution that encourages the parties to resume negotiations.

Gaza

Baroness Tonge: To ask Her Majesty’s Government what steps they plan to take, in the light of the recent deaths caused by the electricity crisis in Gaza, to (1) initiate discussions with other EU member states to end import restrictions, (2) assess the humanitarian situation first-hand, and (3) put forward a plan of action to rehouse citizens of Gaza who are forced to move owing to pollution.

Baroness Anelay of St Johns: We are concerned by the electricity shortage in Gaza and the serious impact it is having on the humanitarian situation. We, and the EU, regularly raise Gaza’s energy and the need to ease movement and access restrictions with the Israeli authorities. Our staff who visit and work in Gaza assess the humanitarian situation frequently. We have not put forward a plan rehouse citizens of Gaza who are forced to move owing to pollution.

Israel: Palestinians

Baroness Tonge: To ask Her Majesty’s Government what representations they have made to the government of Israel regarding the firing of tear gas canisters at journalists in front of Ofer Prison.

Baroness Anelay of St Johns: We have not raised this issue with the Government of Israel. However, the UK has repeatedly made clear to Israel our longstanding concerns about the manner in which the Israeli Defence Forces police non-violent protests. We are clear that protection of the freedom of the media is an important part of respecting human rights.

Israel: Palestinians

Baroness Tonge: To ask Her Majesty’s Government what representations they have made to the government of Israel regarding the firing of live bullets at Palestinians protesting against the Israeli incursion in al-Azza refugee camp, which wounded one protester.

Baroness Anelay of St Johns: While we have not made any representations to the Israeli authorities on this issue, we have an ongoing dialogue with the Israeli authorities about the Israel Defence Forces' use of live fire.

Sudan: Armed Conflict

Lord Alton of Liverpool: To ask Her Majesty’s Government, in the light of the aerial bombing of the Heiban locality in the South Khordofan and Blue Nile regions on 1 May, what assessment they have made of (1) the willingness, and (2) the capability, of the government of Sudan to distinguish between civilians and combatants.

Lord Alton of Liverpool: To ask Her Majesty’s Government, in the light of the aerial bombing of the Heiban locality in the South Khordofan and Blue Nile regions on 1 May, what representations they have made to the government of Sudan about reducing conflict and bringing about a ceasefire.

Lord Alton of Liverpool: To ask Her Majesty’s Government, in the light of the aerial bombing of the Heiban locality in the South Khordofan and Blue Nile regions on 1 May, what assessment they have made of whether the government of Sudan is now in breach of international humanitarian law.

Baroness Anelay of St Johns: The reported aerial bombardment of civilians in the Heiban locality of South Kordofan is appalling. Targeting of civilians would be a clear breach of International Humanitarian Law. We continue to make clear to the Government of Sudan that they have a responsibility to protect citizens, distinguish between combatants and non-combatants and uphold International Humanitarian Law.We consistently raise the importance of ending the conflicts in South Kordofan and Blue Nile directly with both the Government of Sudan and the Opposition; most recently, the UK Special Representative for Sudan and South Sudan raised this issue during his visit to Khartoum earlier this month. We continue to call on all sides to end the violence and believe that the Roadmap proposed by the African Union High-Level Implementation Panel represents a viable way forward.

Philippines: Human Rights

Lord Hylton: To ask Her Majesty’s Government whether they plan to request reports from the UN and from human rights groups on the existence in the Philippines of death-squads and their use to murder alleged criminals and victims of mistaken identity.

Baroness Anelay of St Johns: We do not plan to make such a request at this time as we are already aware of reports by groups such as Human Rights Watch on instances of extra judicial killings. Our Embassy in Manila is in frequent contact with human rights groups and the UN in the Philippines on these and a range of other human rights issues. We also work closely with our EU partners to press for investigations into instances of abuse, and to encourage the protection of human rights defenders. The British Government’s view on the importance of the rule of law is clear, consistent and well known in the Philippines. Our Ambassador wrote an Op-Ed on this subject in the Philippine Star newspaper on 19 May 2016

EU Law

Lord Berkeley: To ask Her Majesty’s Government, for each of the following European Union implementing acts, when those acts were due to be transposed into UK law; when they intend to have transposed each; why they have not yet done so; and what action the European Commission has taken against the UK government for any delay: (1) Implementing Regulation (EU) 909/2015 regarding charging and direct cost; (2) Implementing Regulation (EU) 545/2016 regarding framework agreements; (3) Implementing Regulation (EU) 171/2015 regarding licensing; (4) Implementing Regulation (EU) 10/2015 regarding applicants; (5) Implementing Regulation (EU) 869/2014 regarding the principal purpose and economic equilibrium test; (6) Implementing Regulation (EU) 429/2015 regarding noise differentiated track access charges; and (7) Implementing Regulation (EU) 1100/2015 regarding rail market monitoring.

Baroness Anelay of St Johns: These implementing Regulations are directly applicable and do not require transposition into UK law. Their legal effect in the UK derives from the European Committee Act 1972.

EU Institutions

Lord Hylton: To ask Her Majesty’s Government what is their policy for enabling Serbia, Montenegro, Bosnia and Herzegovina, Macedonia and Kosovo to become members of as many European institutions as possible, with the minimum of delay and the maximum of co-operation.

Baroness Anelay of St Johns: I refer my noble Lord to my answer of 27 April (HL7662). The British Government supports the accession of Western Balkans countries to European institutions such as Organisation for Security and Co-operation in Europe (OSCE), the Council of Europe and Europol, as a means to deliver our rule of law and governance objectives in the region, once relevant criteria are met. Any decision to enlarge the EU requires the unanimous agreement of the governments of all existing Member States and ratification in accordance with each country’s constitutional arrangements. In the case of the UK, under the EU Act 2011 ratification cannot take place without an Act of Parliament to approve the new accession. We can therefore ensure that our requirements are respected in any future EU enlargement.

Israel: Palestinians

Baroness Tonge: To ask Her Majesty’s Government, in the light of video evidence of the killing of a wounded Palestinian in Hebron, what discussions they have had with EU partners concerning the accused soldier’s charge being reduced to manslaughter.

Baroness Anelay of St Johns: We have not raised this case with EU partners. We note that the Israeli Defence Forces have investigated and understand that trial proceedings started on Monday 9 May. The UK is deeply concerned by the terrible human cost, to both sides, of the ongoing Israeli-Palestinian conflict. We are concerned by the use of force by Israeli security personnel in response to protests and security incidents and we regularly raise these concerns with the Israeli government, stressing the need for proportionality and proper accountability. We make clear that every effort should be made to exclude the use of live fire.

Israel: Palestinians

Baroness Tonge: To ask Her Majesty’s Government what representations they are making to the government of Israel following reports from Physicians for Human Rights in Israel that wounded Palestinians have been deliberately left untreated by Israeli medical orderlies for as long as two hours.

Baroness Anelay of St Johns: While we have not made representations to the Government of Israel about this particular issue, we have concerns about treatment of Palestinian detainees. We have raised these concerns with the Israeli authorities on many occasions, including at Foreign Minister, Attorney General and National Security Adviser levels. Our Embassy in Tel Aviv regularly monitors this issue and meets with Physicians for Human Rights in Israel (PHRI). Our Ambassador in Tel Aviv met a group of Israeli civil society organisations, including PHRI, on 3 February.

Israel: Palestinians

Baroness Tonge: To ask Her Majesty’s Government what representations they are making to the government of Israel regarding its decision to refuse to renew permits for Palestinian stone quarries on private land in Area C, while approving permits for 11 quarries under Israeli ownership in the same area.

Baroness Anelay of St Johns: While we have not discussed this specific issue with the Israeli authorities, we remain concerned about the restrictions the Israel’s planning system places on Palestinian communities. We regularly call on the Israeli authorities to offer an accessible legal route to construction for Palestinian communities.

Department for Work and Pensions

Social Security Benefits: Appeals

Baroness Thomas of Winchester: To ask Her Majesty’s Government why they have allocated £22 million to hire new presenting officers to support them at disability benefit tribunals.

Baroness Altmann: The government is increasing the number of Presenting Officers from 2017, to help the department present its case more effectively and gather valuable feedback from the Tribunal.

Personal Independence Payment: Appeals

Baroness Thomas of Winchester: To ask Her Majesty’s Government what analysis they have undertaken of the results of successful appeals against Personal Independence Payment assessments.

Baroness Altmann: The Department gathers information on the reasons why Personal Independence Payment (PIP) decisions have been overturned from DWP Presenting Officers and the summary reasons from the Tribunal hearing. Internal Management Information for 2015/16 indicates that either new oral or documentary evidence supplied at the hearing are the leading reasons for PIP decisions being overturned in 75% of cases.These figures are from internal DWP systems, where only one of possible multiple reasons can be recorded. They are derived from unpublished information and have not been quality assured to National Statistics or Official Statistics standard.

Personal Independence Payment

Baroness Thomas of Winchester: To ask Her Majesty’s Government what plans they have for recording proceedings at Personal Independence Payment assessments.

Baroness Altmann: The recording of Personal Independence Payment (PIP) consultations by assessment providers is not currently part of the contractual specification for PIP assessments. However, claimants can ask to record their own assessment, provided they comply with the conditions put in place: they must::-Inform the provider in advance;Be able to provide a complete and accurate copy (CD / audio cassette only) of the recording to the health professional at the end of the consultation; andSign a declaration agreeing that they will not use the recording for any unlawful purpose.

Personal Independence Payment

Baroness Thomas of Winchester: To ask Her Majesty’s Government whether they will include the current mobility criterion of 20 metres in the next review of Personal Independence Payments.

Baroness Altmann: The terms of reference for the next Independent Review of Personal Independence Payment will be announced in due course.